• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My son is being expelled unjustly

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tinaperez1968

Junior Member
What is the name of your state (only U.S. law)? California

I was just told that my son is being expelled. What is happening is unjust. First let me tell you that from the beginning of the school year all my son has talked about is his teacher Zabala. How cool he is how he is always joking around with the students in class. When my son first gave me some examples I told him not to joke around with the teacher in that manner because it was disrespectful and he responded by telling me "that's the way he talks to us. We're cool like that." well flash forward 5 months to this morning. Actually yesterday afternoon. My son was practicing some new tricks on his skateboard and snapped his ankle. By the time I got home from work it was nice and fat. called urgent care but no appt til this morning at 11 45. This morning we got up and left to the doctors. I didn'tcall the school because I knew I was taking him straight to school after the doctor. Got to the school took him to the office and signed him in and was due to pick him up at 2:05. At about 1:45 I got a call from the school. I was told that my son was facing serious criminal charges and that since he was on crutches he would be allowed to wait for me in the office but that he was suspended for 5 days until he was expelled. I was told that while walking home from school yesterday in front of the school, my son and his friend noticed that their teacher (zabala) was at a red light most of the kids walking home were yelling out "hey Zabala" "see you Zabala" for what ever reason my son and his friend decided to jump into his car and that when zabala asked them to get out they did not immediately get out. I was told that the teacher was so shaken up that he was unable to come to work. He said he felt threatened and thought it was a car jacking. I was told that at the minimum my son was being expelled from the school district that if the teacher filed charges he would be charged with intimidation and threat against the teacher and attempted car jacking. Later I discovered that the school administrator, a sheriff and a school police officer were searching the school campus for my son. After I left him at school on his way to class he was approached by the sheriff, police officer and two school administors. My son fully cooperated. They led him away to a room and as the administrator was walking out he told one of the personel that if he sees a boy on crutches being led away with his mom to be sure and stop them from getting away. When the administrator was talking to my son he was told that the teacher could not come to work today because he was too shaken up however, yesterday before class was over he told the class that they would have a substitute today because he was not going to be at work today. I was told that there was an ongoing investigation and will be notified whether or not he was going to be charged but that he will no longer be able to go to school in the district. According to my son, the other boy(also expelled) didn't even get in the car. He was just at the window say "hi zabala". He said he opened the door sat in the passenger seat and when he turned to look at Zabala, Zabala said get out so my son said "ok bye Zabala" and got out. No other actions or words were uttered. I know that my son did wrong, he should never have gotten into the car but expulsion is extremely unjust. The teacher should have never allowed the students to feel like they were on a much more personal level than teacher student to begin with and it's rediculous for him to state that he thought it was a car jacking when he knows my son because he's his student. My son never made any threatening gestures or comments towards the teacher. He also stated that he attempted to lock the door but was unable to lock it before my son opened the door. I've talked to 10 students that were there and said that it was a lie. They said the teacher looked perfectly calm and just alittle annoyed. I am so stressed out over this. I don't know what to do or who to go to for advice. I don't know how I'm going to get my son to a different school when this one is just three blocks away. The worst part about all this is that my son was shocked and hurt today when he found out because Zabala was his favorite teacher. I don't know what to do.

Tina
 


Isis1

Senior Member
So they don't have emergency rooms where you live?

Let's see. Man in car. Bunch of teenagers surround his car and jump in. Man stays as calm as he can as to not incite them into doing anything deadly. But it's his fault?

Everything you say about this teacher and his relationship with his students seems to be all heresay. You don't seem to actually know. It's possible your son could have been lying to you all this time seeing could get away with speaking disrespectfully to his teacher.

Guess your son is learning not to jump into cars he hasn't been invited into.
 

cbg

I'm a Northern Girl
And even if they were on friendly terms, that does NOT give your son and his friends the right to jump into the car uninvited. Just because the teacher only *looked* a little annoyed doesn't mean he wasn't genuinely afraid that he was being carjacked and only trying not to incite any further problems.

I'm afraid I don't see anything unjust about the expulsion at all.
 

Humusluvr

Senior Member
I'm going to have to agree with the other people who posted here. You don't know all the "facts." Teenagers will lie to cover their own butts, and you don't know who else saw this incident or what happened. You have the rights to see the evidence, and you can ask that this go before a hearing board (especially in the case of something so serious) or the school board. Approach this as an outsider, as you weren't there and you don't really know what happened. Look at all the evidence presented and try to see it from both sides. Your son may not come out of this as innocent.
 

Hot Topic

Senior Member
So ten students just happened to be around and were close enough to tell that the teacher was faking concern over his car being entered without his permission?

You could be headed to serious trouble with your son. The school is to be applauded for taking the matter seriously. You can bet the next one is going to be keeping an eye on him. He needs it.

And the stuff about the broken bone is irrelevant.
 

Dave1952

Senior Member
Your son is being charged with car-jacking. You need a lawyer. The lawyer will be happy to listen to your expulsion complaints. He may have some advice.
As others have pointed out, you have no idea what occurred.

Good luck
 

CdwJava

Senior Member
If serious criminal charges are being pursued against a student for an act against a teacher while on their way home from school, the school has very little wiggle room. Even if the principal agreed that the situation was overblown and all lines of communication were crossed, the school is almost certainly required by their rules to suspend for five days pending expulsion.

There is a process to address criminal charges, and one to address the suspension and expulsion. Chances are the school and the district will uphold the suspension and expulsion at least until the criminal matter has been absolved. If no charges are filed or he is not convicted, the school may be able to reconsider the expulsion.

The first step is to consult legal counsel with regards to the criminal charges that appear to be pending.
 

cyjeff

Senior Member
As the husband of a school teacher, I can tell you that children crossing the line and deciding that they could surround and then jump in her personal vehicle is a terror that most teacher's have... kind of like the inmates deciding to take over the asylum.

MOST teachers would have been terrified....

I will add that if the teacher WASN'T terrified, why did he call the police?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top